Practice question
A complaint seeks rescission and damages over a regulated project. Its requested relief also requires deciding which operator should receive a technical operating entitlement, an issue stipulated to be initially entrusted by law to a specialized agency. The plaintiff insists that calling the action ordinary rescission compels the court to decide the entitlement first. Which analysis is best?
- The rescission label removes all agency involvement.
- The agency may decide any unrelated private claim without limit.
- The plaintiff can abolish statutory technical jurisdiction through pleading.
- The court should consider primary jurisdiction because the requested judicial relief depends on the entrusted technical determination.
- The court must automatically award the entitlement to the plaintiff.
Legal references
- Industrial Enterprises, Inc. v. Court of Appeals, G.R. No. 88550, April 18, 1990, primary jurisdiction discussion, https://lawphil.net/judjuris/juri1990/apr1990/gr_88550_1990.html
- Conrad and Company, Inc. v. Court of Appeals, G.R. No. 115115, July 18, 1995, https://lawphil.net/judjuris/juri1995/jul1995/gr_115115_1995.html
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